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Purchase New Car Pre-filing?

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    Purchase New Car Pre-filing?

    We own a gas guzzling full size van we now rarely drive as well as a car purchased last summer and a old car with 170,000 miles on it. The new car is the only one with a loan.

    The van would probably fetch about $6,000 on trade. I'm wondering if it's a decent strategy to trade the van in now while our credit is clean so we'll have two decent vehicles post Chapter 7. I'm assuming even if we put $6,000 down on a new car the depreciation once purchased would close the gap between KBB value and loan balance to an acceptable level for exemption purposes.

    We meet with our first BK attorney next week but I'd like to do this transaction this weekend if it makes sense to do so.

    Are there issues with securing new credit shortly before filing?

    We are also considering refinancing our mortgage and 2nd mortgage to a combined 15 year 1st mortgage before filing. Will this be okay?

    As always, experienced advice is very much appreciated!
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

    #2
    I'd not do either of these until you speak with your lawyer.
    Are you planning a cash out re-fi? CAn you handle the higher monthly mortgage payment plus, the new car note post bk?

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      #3
      Originally posted by keepmine View Post
      I'd not do either of these until you speak with your lawyer.
      Are you planning a cash out re-fi? CAn you handle the higher monthly mortgage payment plus, the new car note post bk?

      No cash out refi. Both the 1st and 2nd are held by Countrywide. Our credit scores are very good right now and if we combine them into one mortgage for a shorter term we'll pay only a bit more monthly but I'm thinking it might also help on the means test if the monthly is higher.

      We can afford the higher mortgage payment and another car payment if we are otherwise debt-free.

      Thanks for your input!
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #4
        My attorney advised me to get a new car prior to filing and it has not been a problem. I got it about 2 months before I filed.
        Filed Ch. 7 (no asset): 12/30/2008
        341 Meeting: 01/26/2009
        Last Date for Objections: 03/27/2009
        Discharged & Closed: 03/30/2009

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